University of Canberra College Pty Ltd T/A University of Canberra College

[2025] FWCA 333

[2025] FWCA 333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

University of Canberra College Pty Ltd T/A University of Canberra College

(AG2024/4971)

UCC COLLEGE AT THE UNIVERSITY OF CANBERRA ENTERPRISE AGREEMENT 2024-2027

Educational services
DEPUTY PRESIDENT BOYCE	SYDNEY, 29 JANUARY 2025

Application for approval of the UCC College at the University of Canberra Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement to be known as the UCC College at the University of Canberra Enterprise Agreement 2024-2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by University of Canberra College Pty Ltd T/A University of Canberra College (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding the coverage stated in the Notice of Employee Representational Rights (NERR) provided to relevant employees.[1] Having regard to the submissions of the Employer provided on 20 January 2025,[2] I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[3] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.[4]

Undertakings

1. The Employer has provided written undertakings dated 24 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Educational Services (Post-Secondary Education) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The National Tertiary Education Industry Union (NTEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 1 June 2027.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] At [6]-[9].

[3] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[4] Ibid.

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